Finding The Alpha: State, Law, Human Rights And The Dominance Approach

Mah-Nashit Uzma, LLM, University of Hong Kong

ABSTRACT

In this article, the author delves into the intricate relationship between law and human rights through the lens of a "dominance approach." It posits that law and human rights mutually interact and exert influence on each other within the context of a state or society. The law assumes a tangible role in the advancement and enforcement of human rights, while human rights serve as a crucial instrument for whistleblowers to combat abuses and contribute to legal progress. Notably, an array of factors, including culture, indigenous systems, minority ideals, social norms, political climate, and religious beliefs, alongside law and human rights, exert some influence on this setup. . External forces, such as relations with neighboring states, regional affiliations, international organizations, and international law, also exert a softer impact, yet however, the state wields control over both internal and external factors. Consequently, the flourishing of law and human rights within a given jurisdiction primarily hinges upon the character of the state and the entity in control.